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SUPREME COURT OF INDIA
R.S. Sarkaria, J
Assa Singh (D) By LRs. v. Shanti Parshad (D)By LRs. and Others
| Table of Content |
|---|
| 1. granting of leave. (Para 1) |
| 2. details of the ejectment application. (Para 2) |
| 3. decree of the trial court. (Para 3) |
| 4. court's analysis of jurisdiction and real property law. (Para 4 , 8 , 9) |
| 5. arguments regarding maintainability. (Para 5 , 21) |
| 6. claims of parties regarding ownership. (Para 6) |
| 7. relevant sections of the punjab tenancy act. (Para 10 , 12 , 14) |
| 8. interpretation of jurisdictional bars. (Para 11 , 15 , 20 , 23) |
| 9. outcome of the appeal. (Para 22 , 54) |
1. Leave granted.
3. The Trial Court, by Judgment dated 18.11.1978, decreed the Suit. The Appeal carried by the appellants before the 1st Additional District Judge, Ferozepur, was dismissed. By the impugned Decree and Judgment, the Regular Second Appeal No. 1777 of 1981, has been dismissed.
5. In other words, the only contention asserted by the appellants is that the suit filed by the first respondent is clearly barred. On the other hand, the contention of the respondents is that, having regard to both the facts and law, the Suit is maintainable.
7. The Trial Court framed 8 issues. They are as follows: -
l. Whether the plaintiff secured the disputed land on lease from Mandir Jhoke Hari Har defendant No.18 thro
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